Retaining counsel and expert witnesses often have conflicting objectives. Although an effective expert is committed to objectivity and honesty, retaining counsel's typical objective is to "win the case." In this webinar, we will identify common practices of certain retaining counsel that increase the likelihood of failure on the part of the expert.

This conduct ranges from insufficient calendaring, discovery and preparation through counsel's intentional misrepresentations to the expert. This webinar will enable the participant to recognize the danger signals and respond in a way that can insulate the expert from counsel's intentional or inadvertent missteps.

Learning Objectives

After completing this webinar, attendees will be able to:

- Identify the characteristics of problematic attorneys and cases- Minimize the risks created by counsel's weaknesses in communication and discovery- Maintain credibility when retaining counsel's agenda conflicts with the expert's objectivity

Who Should Attend

Accounting professionals, business valuation professionals, CPAs, and all other professionals intended to participate as expert witnesses and consultants

Presenter(s)

Michael G. Kaplan, CPA/ABV, CVA, MAFFMr. Michael Kaplan has more than 30 years of experience in the areas of forensic accounting, business valuation and litigation consulting. He has rendered services in numerous litigation matters, including business litigation, professional malpractice matters, fraud and embezzlement, intellectual property, marital dissolution, loss of earnings, employment matters, and partner and shareholder disputes. Mr. Kaplan has also served as a court-appointed expert and accounting referee.

Mr. Kaplan has served on the faculty of the Marshall School of Business and Leventhal School of Accounting at the University of Southern California. He is a frequent lecturer at professional accounting, valuation, and legal conferences. Mr. Kaplan is called upon regularly to serve as an expert witness in federal and state courts. He has developed and presented continuing education programs in financial and management accounting, economic damages, forensic accounting, business valuation, and the financial expert's role in litigation. Mr. Kaplan is a principal member of the training development team of the National Association of Certified Valuators and Analysts™ (NACVA®), director of NACVA's Financial Forensics Institute, and has served as the chairman of NACVA's Certification Board, Litigation Forensics Board, and Executive Advisory Board.

Mr. Erigero advises architects, engineers, and contractors on business and litigation matters. His recent case load also involves the defense of first party and third party insurance coverage claims related to bodily injury and property damage, including earthquake damage and water damage claims. He provides consultation on several insurance issues related to insurance agency issues, construction losses, director and officer, and other "claims made", policies and personal and advertising injury coverages. Mr. Erigero was selected for inclusion in Southern California Super Lawyers® magazine in 2006 and 2009 through 2013.

Mr. Erigero has devoted a significant portion of time to environmental insurance coverage litigation. He has developed an expertise in the nature of various contaminants and waste disposal practices, insurance claims, and underwriting issues. He has represented clients in cleanup of refinery, gasoline station, and waste disposal sites.

Mr. Erigero is a graduate of Loyola Marymount University in Los Angeles and University of California Hastings College of the Law in San Francisco and joined Ropers, Majeski, Kohn & Bentley in 1985. He has been in the firm's Los Angeles office since 1993. He is admitted to practice in California, Nevada, and Minnesota.